Canada Gazette, Part I, Volume 160, Number 25: Regulations Amending the Immigration and Refugee Protection Regulations (Asylum System Reform)

June 20, 2026

Statutory authority
Immigration and Refugee Protection Act

Sponsoring department and agency
Department of Citizenship and Immigration
Canada Border Services Agency

REGULATORY IMPACT ANALYSIS STATEMENT

(This statement is not part of the Regulations.)

Executive summary

Issues

Globally, the number of people forcibly displaced from their home countries due to persecution, conflict, violence, human rights violations, and events seriously disturbing the public order continues to rise. According to the United Nations Refugee Agency’s Mid-Year Trends 2025 report, there were 42.5 million refugees by mid-2025. In 2024, 4.8 million people sought international protection. Canada was the fourth-largest recipient of new individual asylum applications in 2024, up from fifth in 2023.

The In-Canada Asylum System has been strained in recent years as the number of claims increased, leading to lengthy processing times and backlogs. Although Budget 2024 increased the asylum system’s permanent funding by $159.5 million annually to support the stability and integrity of Canada’s asylum system, increasing processing and decision-making capacity, asylum system funding remains insufficient to process the number of claims received each year including approximately 144 000 claims in 2023, 173 000 claims in 2024, and 115 000 claims in 2025. This is an increase from approximately 64 000 claims in 2019.

The inventory of asylum claimants awaiting a decision by the Immigration and Refugee Board (IRB) of Canada rose from around 70 000 at the end of 2022 to nearly 300 000 at the end of 2025. Lengthy processing times impede Canada’s ability to provide timely protection to those who need it, make the removal of failed refugee claimants harder, and result in prolonged uncertainty for claimants.

To help address this backlog and improve the efficiency of the In-Canada Asylum System, the Strengthening Canada’s Immigration System and Borders Act (the Amending Act) was introduced to amend the Immigration and Refugee Protection Act. The Amending Act received royal assent on March 26, 2026. Amendments to the Immigration and Refugee Protection Regulations (IRPR) are needed to complement and implement these legislative amendments. This includes amendments to

• introduce a single online application and simplify the online application process by requiring documents to be provided within set timelines;
• introduce a time limit for Minister’s Due Diligence activities;
• prescribe that the Immigration and Refugee Board can specify the time limits a person has to meet if the IRB determines that their claim has not been abandoned and prescribe the circumstances under which a withdrawn claim could be reinstated by the Minister;
• set out the circumstances in which a designated representative must be designated and outline the responsibilities and requirements to be a designated representative;
• ensure that work permits may be issued to claimants when their claim is determined eligible to be referred to the Immigration and Refugee Board and they have submitted their complete application;
• create two exceptions to the new ineligibility provisions; and
• repeal outdated regulatory provisions.

Regulatory amendments are needed to operationalize the legislative amendments.

Background

Canada is a signatory to the 1951 Convention relating to the Status of Refugees and its 1967 Protocol, and the 1984 Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment. Canada protects individuals at risk of persecution through two programs. The Refugee Resettlement Program provides protection to people who are outside Canada. Resettlement targets are set out in the immigration levels plans (currently targeting an intake of 168 050 refugees between 2025 and 2027). Canada works with the United Nations High Commissioner for Refugees and international partners to establish the annual target, allowing the government to plan for their arrival and integration. The In-Canada Asylum System provides protection to individuals (i.e. asylum seekers) who are in Canada and have a well-founded fear of persecution or are at risk of torture, risk to their life or risk of cruel or unusual treatment or punishment upon removal from Canada. Canada is required to process every claim it receives. As such, it is challenging to anticipate the number of asylum claims that will be received each year. This regulatory proposal relates to the In-Canada Asylum System.

In 2019, the Office of the Auditor General’s Report on the “Processing of Asylum Claims” found that Canada’s refugee determination system was not equipped to process claims according to the required timelines. Despite reforms introduced in 2012 to speed up decision making, the report found that the system was again faced with a significant backlog of unresolved claims. The report found that, since the system was not flexible enough to respond in a timely way to higher claim volumes, the 2017 surge of asylum seekers led to a backlog and increased wait times for refugee protection decisions. It also found that a series of inefficiencies contributed to delays in processing claims. The report found that there were significant gaps in information sharing and duplication of effort among the three main organizations involved in the claims process: the Canada Border Services Agency (CBSA), Immigration, Refugees and Citizenship Canada (IRCC) and the IRB. For example, the organizations used different information technology systems, with limited interoperability. The report found that although the organizations shared some information electronically, they still relied on paper and faxes to share specific claim information. Finally, the report found that hearings for almost two thirds of claims were postponed. Most of the postponements were due to issues that were within the government’s control and resulted in delays of several months.

IRCC’s 2023–2024 Departmental Plan indicates that “following investments made in Budget 2022, IRCC will continue to advance reforms to strengthen the asylum system, enhance efficiencies and meet Canada’s international obligations. This includes working closely with the CBSA, the Canadian Security Intelligence Service, and the IRB to implement strategies to streamline asylum processing, ensure that decision-makers have all relevant information in a timely manner, and maintain the integrity of the system.” Budget 2022 provided $1.3 billion over five years, and $331.2 million annually, to increase the capacity of the In-Canada Asylum System.

Budget 2024 provided increased funding to IRCC, the CBSA and the IRB to support the stability and integrity of the asylum system. Budget 2024 provided $743.5 million over five years, including $159.5 million ongoing, to support the stability and integrity of the asylum system, increasing processing and decision-making capacity.

While new funding has increased the capacity of the asylum system, legislative amendments to the Immigration and Refugee Protection Act to simplify and streamline the claims process, along with corresponding regulatory amendments to the Immigration and Refugee Protection Regulations, are expected to support faster decisions and quicker removals.

As part of the IRCC Red Tape Review, the Department highlighted the potential for asylum reform to contribute to the Department’s red tape reduction efforts.

IRCC has identified the need to reform the following parts of the asylum system through regulatory amendments to address efficiencies for both claimants and the processing system.

Single online application

In the current system, claimants must complete multiple documents as part of their application for refugee protection. Claimants are requested to provide basic information, including tombstone data, repeatedly across the documents. This duplication of administrative tasks places an unnecessary burden on claimants. Moreover, current time limits vary depending on whether the claim is made at a port of entry or at an inland office, resulting in two separate timelines based on where claimants apply for refugee protection, increasing the risk of confusion for claimants and their counsel. The Amending Act provides that a person who makes a claim for refugee protection must submit documents and information to the Minister in the time limits and manner prescribed by the Minister. Regulations are required to operationalize legislative changes.

Minister’s Due Diligence

Minister’s Due Diligence refers to activities undertaken by IRCC and the CBSA to identify issues related to program integrity, credibility, misrepresentation, criminality, and inadmissibility to uphold the integrity of the In-Canada Asylum System. Currently, this step takes place after an eligible claim is referred to the IRB, which has a mandate to adjudicate refugee claims. In recognition of the importance of ensuring that individuals who might pose a risk to Canada are not granted refugee protection, the IRB generally does not hear or render decisions on claims without the completion of security screening conducted by Public Safety Canada but does not always wait for the Minister’s Due Diligence activities to be complete. Minister’s Due Diligence activities cannot conclude without a security screening recommendation from Public Safety Canada.

As the IRB waits for security screening to be complete, an inventory of non-actionable claims has been created at the IRB. While the IRB observes a wait period for security screening, there are currently no legislative or regulatory restrictions to require the IRB to wait for the Ministers to complete their due diligence before rendering a decision. After referral to the IRB, the IRB is able to schedule hearings for claims for which security screening or Minister’s Due Diligence activities have not yet been completed. While security and credibility concerns are addressed at the hearing at the IRB, insufficient time for the Minister to complete Minister’s Due Diligence activities before a hearing is scheduled could impact the outcome of the hearing and jeopardize the integrity of the program. If the IRB schedules hearings before security screening or Minister’s Due Diligence activities have been completed, this causes procedural inefficiencies (e.g. increased need for tracking of claims and rescheduling hearings). As well, there could be cases where the IRB proceeds with rendering a decision before the Ministers complete their due diligence activities, resulting in potential integrity and credibility concerns. Following Royal Assent of the Amending Act, the Immigration and Refugee Protection Regulations provide the Ministers a time limit to conduct Ministerial Due Diligence activities before referral of the claim to the IRB. When a claim is referred to the IRB, the IRB will receive relevant documents, will be aware prior to scheduling a hearing whether the Minister has concerns and will be a party to the claim, and can schedule a hearing with a better understanding of the Minister’s intent to participate. Furthermore, the Minister will be granted the opportunity to review claims and relay credibility, program integrity or security concerns in advance of scheduling a hearing, which will support the overall integrity of the asylum system. Regulations are required to operationalize changes in the legislation.

Abandonment/reinstatement of withdrawn claims

Currently, the IRB has the authority to determine that an eligible claim that has been referred to it has been abandoned if a claimant fails to submit the required documentation for the purpose of making a claim or does not appear at their hearing without a valid reason. Changes to the legislation will now require documentation for the purpose of making a claim to be submitted to the Minister, rather than to the IRB, and will specify the time limit for the Minister to complete Due Diligence activities prior to referring a claim to the IRB. Since incomplete applications will not be referred to the IRB, this may result in a number of incomplete applications sitting idle in the system before referral to the IRB. Changes were made through the Amending Act to provide for transmittal of incomplete claims or claims where the claimant has failed to appear for their examination to the IRB for an abandonment determination. These changes allow the IRB to consider a claimant’s circumstances before deciding whether the claim should be abandoned. Furthermore, the IRB may currently allow a refugee claimant whose claim has been referred to withdraw their claim. Changes to withdrawal were made through the Amending Act to ensure that claimants that wish to withdraw their claim prior to referral to the IRB may do so. Regulations are required to operationalize legislative changes.

Designated representatives for persons unable to appreciate the nature of proceedings

A designated representative is someone who represents a person during certain IRCC and CBSA proceedings to ensure that the interests of the person (i.e. a minor or a person that cannot appreciate the nature of the proceedings, e.g. an adult that lacks the requisite capacity to fully understand the nature of the proceedings) are protected. A designated representative is usually a parent, family member, or friend. When there is no one that meets that criterion, a contracted designated representative is appointed by the Minister of Citizenship and Immigration or the Minister of Public Safety and Emergency Preparedness. Designated representatives are important supports during proceedings and without them, certain IRCC and CBSA proceedings would be delayed until a designated representative could be appointed for minors and those unable to appreciate the nature of the proceedings. The Amending Act clarified the existing authority for the Minister of Citizenship and Immigration and the Minister of Public Safety and Emergency Preparedness to appoint designated representatives and makes the appointment of a designated representative a requirement, in certain circumstances. Regulations are required to operationalize these legislative changes.

Work permits

There is currently a Temporary Public Policy in place to accelerate the issuance of work permits for refugee claimants by allowing work permits to be issued as soon as their claim is determined eligible to be referred to the IRB and the refugee claimant has met all requirements, including completing their immigration medication examination. Early work permit issuance allows refugee claimants to access employment and support themselves financially. As this public policy is temporary, it needs to be made permanent in regulations.

Exceptions to the new ineligibility provisions

When making a refugee claim, claimants must demonstrate that their claim is eligible to be referred to the IRB. Two new provisions were introduced in the Amending Act that make certain asylum claims ineligible to be referred to the IRB. The first ineligibility provision applies to claims made more than one year after the claimant’s first entry to Canada (after June 24, 2020), and the second ineligibility provision applies to claims made by those who enter Canada irregularly from the U.S. and make a claim 14 or more days later. The Amending Act provides the Governor in Council with the authority to create exceptions to these two new ineligibility provisions Regulations are needed to create an exception for unaccompanied minors from both ineligibility provisions given their lack of legal guardianship. Regulations are also needed to create another exception from the one-year ineligibility provision for those who submit documents and information in view of making a claim within one year of their first entry to Canada (after June 24, 2020). This exception would harmonize the one-year ineligibility with changes to the asylum system that were introduced as part of the Amending Act, namely the new requirement for claimants to submit documents and information to the Minister before a claim is made in person to an officer. The exception would ensure that those who submit documents and information in view of making a claim before meeting with an officer are not subject to the one-year ineligibility only because they have not yet met with an officer.

Application of the Canada-United States (U.S.) Safe Third Country Agreement and its Additional Protocol

The Canada-U.S. Safe Third Country Agreement is an agreement between Canada and the U.S. that provides that refugee claimants are to request refugee protection in the first safe country they arrive in (either the U.S. or Canada), unless they are exempt from it or qualify for an exception to the Agreement. The new timeline for Minister’s Due Diligence activities will separate eligibility determination and referral to the IRB which could create new delays for a head of family who wishes to act as an anchor relative to family members arriving with them, resulting in family separation. Amendments to the Regulations are needed to clarify that individuals who are 18 years or older in Canada with claims determined eligible for referral to the IRB (as opposed to having been referred to the IRB) are considered an eligible family member for the purposes of meeting the family member exception under the Canada-U.S. Safe Third Country Agreement. This would maintain the status quo for how the Safe Third Country Agreement and its Additional Protocol are applied. Secondly, in combination with a Temporary Public Policy that exempts prospective refugee claimants, in Canada, from the requirement to make a claim to an officer in person, the Additional Protocol is applied when the Government of Canada is made aware of the individual’s request for refugee protection, which is currently when an individual submits a complete application online. Amendments to the Regulations are needed to maintain the status quo for how the Additional Protocol is applied by continuing to apply the 14-day timeline from the first time the Government of Canada is aware of an individual’s request for refugee protection, which, under the new system, would be when an individual submits their documents or information online with a view to making a claim.

Transfer of scheduling authorities to the IRB and repeal of regulated time limits

The Immigration and Refugee Protection Regulations require IRCC and CBSA referring officers to schedule refugee protection hearings. However, in practice, the IRB is currently scheduling refugee protection hearings. The regulatory requirement for referring officers to schedule refugee protection hearings was abandoned in practice in 2018, as it became untenable to have hearing dates scheduled within the regulated timelines due to record high refugee claim volumes and long wait times. This resulted in a significant administrative challenge, as hearings were postponed and had to be rescheduled. As such, formally transferring authority to schedule hearings to the IRB would align with current practices. Secondly, there is currently a regulatory requirement for officers to fix the date and time of hearings within specified time limits and for decisions to be made within specified time limits. The repeal of this specific regulated time limit would allow for increased flexibility to ensure hearing schedules are more responsive to changes in claim volumes.

Repeal of Designated Country of Origin regime

The Government publicly announced its intent to formally repeal the Designated Country of Origin regime in May 2019, following de-designation of all countries, which ended its practical application. Despite this change, the Designated Country of Origin regime is still referenced in the regulations, leading to confusion.

Objective

The objectives of the proposed Amendments are to address bottlenecks and improve the effectiveness and efficiency of the asylum system in the face of high asylum claim volumes while maintaining fairness and compassion and to operationalize legislative changes.

Description

The proposed Amendments to the Immigration and Refugee Protection Regulations would reduce duplication by simplifying the online application process, establish a time limit for Minster’s Due Diligence activities, prescribe requirements regarding abandonment/reinstatement of withdrawn claims, set when designated representatives must be appointed, provide quicker access to work permits for asylum seekers, and create two exceptions to the new ineligibility provisions.

Single online application

The proposed Amendments would introduce a 60-calendar-day time limit for applicants to submit a complete application after making a claim and a one-time extension of the time limit of 30 calendar days. The proposed Amendments would also allow the Minister to extend this time limit for reasons of fairness (for example a system outage).

Minister’s Due Diligence

The proposed Amendments would introduce a time limit of 365 days during which the Ministers must conduct Minister’s Due Diligence activities (i.e. triage and review for criminality, exclusion, credibility, and program integrity concerns and identify possible ministerial intervention before the IRB) before claims, accompanied by a “Minister’s Referral Package,” are referred to the IRB for adjudication. The proposed Amendments would also provide for an exception to the time limit for reason of operational limitations.

Abandonment/reinstatement of withdrawn claims

In the circumstances where the Minister transmits a claim to the IRB for an abandonment determination, and the IRB determines the claim has not been abandoned, the proposed Amendments would prescribe that the IRB can specify the time limits a person has to meet if the IRB determines that their claim has not been abandoned, i.e. provide the missing information and documents to the Minister, or appear for their examination on a date fixed by an officer. The proposed Amendments would also prescribe the circumstances under which a claim withdrawn before referral to the IRB could be reinstated by the Minister, and the requirements to be met when submitting a reinstatement application.

Designated representatives for persons unable to appreciate the nature of proceedings

In accordance with the new legislative provisions, the proposed Amendments would set out the circumstances in which a designated representative must be designated; the responsibilities of the designated representative; the requirements to be a designated representative; how designated representatives will be remunerated; the circumstances to end the designation for minors that reach 18 years of age if they are able to understand the nature of the proceedings; and the circumstances for termination of the designation if the designated representative is no longer required.

Work permits

The proposed Amendments would ensure that work permits may be issued to claimants as soon as their claim is determined eligible to be referred to the IRB, provided that the claimant has met all requirements, including submitting the information and documents required by the Minister and completing the immigration medical examination, rather than when their claim is actually referred.

Exceptions to the new ineligibility provisions

The proposed Amendments would create two exceptions to the new ineligibilities created under the Amending Act. The first exception would apply to unaccompanied minors whose claims are subject to either ineligibility. The second exception would apply to those whose claims are subject to the one-year ineligibility and who submit documents and information in view of making a claim within one year of their first entry (after June 24, 2020). As part of asylum reform changes, claimants will be required to submit certain documents and information prior to meeting in person to make their claim. Since there may be a delay for the in-person meeting to occur, this exception would ensure that those who begin the claim process within one year but who have not yet met with an officer to make their claim in person do not have their claims found ineligible pursuant to the one-year ineligibility.

Application of the Canada-U.S. Safe Third Country Agreement and its Additional Protocol

The proposed Amendments would clarify that individuals who are 18 years or older in Canada with claims determined eligible for referral to the IRB (as opposed to having been referred to the IRB) are considered an eligible family member for the purposes of meeting the family member exception under the Canada-U.S. Safe Third Country Agreement. Separately, the proposed Amendments would also clarify that the 14-day count in the Additional Protocol of the Canada-U.S. Safe Third Country Agreement would apply to claimants that either make a claim for refugee protection or submit documents with a view to making a claim within 14 days of irregular entry into Canada.

Transfer of scheduling authorities to the IRB and repeal of regulated time limits

The proposed Amendments would remove the current requirement for officers to set the date of refugee hearings at the IRB and would repeal the time limits for hearings to be scheduled and decisions to be made.

Repeal of Designated Country of Origin regime

The proposed Amendments would fully repeal the regulatory provisions related to the Designated Country of Origin regime, which have not been in effect since the de-designation of all Designated Country of Origin countries in 2019 and align the Immigration and Refugee Protection Regulations with the Immigration and Refugee Protection Act.

Regulatory development

Consultation

Starting in 2023, IRCC consulted with other government departments and agencies including the CBSA and the IRB as the In-Canada Asylum System is jointly administered by IRCC, the CBSA and the IRB. Consultations identified the need to address system-wide bottlenecks through system efficiencies. IRCC, the CBSA and the IRB determined that a light touch registration process for all claimants was needed to ensure quicker access to the asylum system.

IRCC held meetings with stakeholders including the Canadian Council for Refugees, the Canadian Association of Refugee Lawyers, and the United Nations High Commissioner for Refugees to address specific questions about the legislative amendments and the potential regulatory amendments. Stakeholders expressed concerns that claims could be stalled at the Minister’s Due Diligence stage if there was no time limit to complete Minister’s Due Diligence. To address this concern, a time limit for Minister’s Due Diligence activities would be introduced as part of the proposed Amendments to ensure that Minister’s Due Diligence work will be completed within a standard period. Stakeholders were also concerned that applicants may require additional time to complete their single online asylum application. Based on the feedback received, the proposed Amendments would extend the time allotted to complete an application after making an asylum claim from 45 calendar days (for port-of-entry claims) to 60 calendar days (for all claims) and would allow the claimant to request a one-time extension of 30 calendar days to submit their asylum application if they are unable to comply with the 60-day time limit to submit their asylum application.

Indigenous engagement, consultation and modern treaty obligations

As required by the Cabinet Directive on the Federal Approach to Modern Treaty Implementation, an assessment of modern treaty implications was conducted on the proposal. The assessment examined the geographical scope and subject matter of the regulatory amendments in relation to modern treaties in effect and did not identify any modern treaty implications or obligations. The proposed Amendments aim to address system-wide bottlenecks by simplifying and streamlining the claim process in support of enhanced program integrity and faster processing of asylum claims. As such, it is not tied to a specific geographic location, including jurisdictions with a modern treaty or self-government agreement. In addition, this initiative does not include aspects that could intersect with any modern treaties. Therefore, this initiative would not impact the ability of Indigenous communities to self-govern, nor will it impact the existing land claims or treaty rights of Indigenous groups.

Regulatory analysis

Benefits and costs

The costs and benefits of the proposed Amendments are monetized for 10 periods of 12 months (2026 to 2035) and are expressed in 2025 dollars. The proposed Amendments would come into force on the day on which section 31 of the Amending Act, comes into force, but if they are registered after that day, they come into force on the day on which they are registered.

External stakeholders were not consulted on the development of the cost-benefit analysis, as the proposed Amendments concern asylum system changes required to operationalize recent legislative amendments; however, IRCC engaged in targeted discussions with key stakeholders, including the Canadian Council for Refugees, the Canadian Association of Refugee Lawyers, and the United Nations High Commissioner for Refugees, to address specific questions and concerns related to legislative amendments and potential regulatory amendments.

For further details regarding the methodology, a detailed cost-benefit analysis report is available upon request at the following email address: IRCC.AsylumReformRegs-Reformedasileregs.IRCC@cic.gc.ca.

Baseline and regulatory scenarios

An important first step in developing a cost-benefit methodology is establishing a baseline scenario against which options may be measured. For this analysis, the baseline scenario is one where changes to the asylum system would be made through legislative amendments, and no regulatory changes would be made. The baseline scenario is then compared with the regulatory scenario, in which regulatory amendments would prescribe specific requirements, conditions and circumstances, to operationalize the recent legislative amendments made to the asylum system.

Single online application

The proposed Amendments would ensure that claimants are subject to the same time limits whether they make their claim inland or at a port of entry. The legislative amendments (the baseline scenario) specify that the information and documents for both port of entry and inland applicants must be provided to the Minister. Inland, claimants first must answer preliminary questions online, then meet with an officer in person to make their claim followed by the determination of eligibility and later submit their completed application online. At ports of entry, claimants answer preliminary questions and make their claim and later submit their application online. In the baseline scenario, there is no time limit to submit a complete online application as the time limits are to be provided for in regulations. The proposed Amendments would introduce a time limit of 60 calendar days for the submission of a complete application after a claim has been made. Claimants will have the ability to request a one-time extension of 30 calendar days to submit their asylum application if they are unable to comply with the 60-day time limit to submit their asylum application.

Minister’s Due Diligence

Legislative amendments (the baseline scenario) introduce a prescribed time limit for the Minister to conduct Ministerial Due Diligence activities. The proposed Amendments would set the time limit to 365 days for IRCC and the CBSA to identify issues related to program integrity, credibility, misrepresentation, criminality and inadmissibility. This would ensure that claims referred to the IRB are ready for determination/adjudication and hearings can be efficiently scheduled.

Abandonment/reinstatement of withdrawn claims

The legislative amendments introduce circumstances when the Minister would transmit a claim for abandonment determination to the IRB, the IRB would then make such determination following the steps listed in the legislative amendments (baseline scenario). The proposed Amendments would allow officers and the Refugee Protection Division of the IRB to set time limits for a person to meet legislative requirements (i.e. to provide missing information or appear for examination) if the IRB does not determine that their claim is abandoned.

In the baseline scenario, the legislative amendments introduce an authority for the Minister to process a claim withdrawal prior to referral to the IRB. The legislative amendments also introduce an authority for the Minister, subject to regulations, to reinstate a claim that was determined to be withdrawn. The proposed Amendments would prescribe the circumstances that would be considered by the Minister to allow the reinstatement of a claim, and the requirements that the applicant must fulfill when applying for the reinstatement of a claim.

Designated representatives for persons unable to appreciate the nature of the proceedings

New legislative provisions (baseline scenario) clarify the existing authority for the Minister of Citizenship and Immigration and the Minister of Public Safety and Emergency Preparedness to appoint designated representatives in certain circumstances. Regulations are required to operationalize the legislation. The proposed Amendments clarify the circumstances in which a designated representative must be appointed by the Minister for persons who are unable to appreciate the nature of the proceedings and for minors, and outline the responsibilities and requirements to be a designated representative.

Work permits

In the baseline scenario, the Immigration and Refugee Protection Regulations require that claimants may only be issued a work permit after their claim has been referred to the IRB. Since 2022, a Temporary Public Policy has exempted certain claimants from this regulatory requirement, recognizing the importance of ensuring that claimants can support themselves financially while they await the referral of their refugee claim to the IRB. In the regulatory scenario, the proposed Amendments would formalize the existing exemption into the Immigration and Refugee Protection Regulations, while also amending the regulatory requirements for consistency with legislative amendments. These regulatory amendments would continue to ensure that claimants receive a work permit as early as possible in the claim process, provided all requirements are met.

Exceptions to the new ineligibility provisions

Two new legislative provisions make asylum claims ineligible to be referred to the IRB if the claim was made more than one year after the claimant’s first entry to Canada (after June 24, 2020) or if the claim was made 14 days or more after the claimant entered Canada irregularly from the U.S.

The proposed Amendments introduce two exceptions to these ineligibility provisions. The first would codify into the Immigration and Refugee Protection Regulations an existing Temporary Public Policy exempting claimants who are unaccompanied minors at the time of making their claim given their lack of legal guardianship. Since this exception is already implemented via a Temporary Public Policy, unaccompanied minors are already exempt from the new ineligibility provisions in the baseline scenario. The second proposed amendment introduces an exception to the one-year ineligibility for claimants who have submitted documents and information to the Minister in view of making a claim (prior to formally making their claim in person to an officer) within one year of their first entry (after June 24, 2020). For this second proposed exception, the baseline scenario is the legislative amendments, which makes claims ineligible if the claimant submitted documents and information to the Minister in view of making a claim within one year of their first entry, but the claimant did not yet meet with an officer to formally make their claim in person within one year of their first entry. In the regulatory scenario, these claims would meet the exception for the one-year ineligibility and thus have access to the IRB.

Application of the Canada-U.S. Safe Third Country Agreement and its Additional Protocol

The proposed Amendments would maintain the baseline scenario of how the Canada-U.S. Safe Third Country Agreement and its Additional Protocol are currently applied in two ways: they would clarify when individuals are considered an eligible family member for the purposes of meeting the family member exception under the Canada-U.S. Safe Third Country Agreement and they would also specify when the 14-day count in the Additional Protocol of the Canada-U.S. Safe Third Country Agreement would start. These provisions are not expected to result in any material impacts as they serve to maintain how the Agreement is currently applied, and to align the Immigration and Refugee Protection Regulations with the legislative amendments.

Transfer of scheduling authorities to the IRB and repeal of regulated time limits

In the baseline scenario, the Immigration and Refugee Protection Regulations set time limits for officers to schedule hearings at the IRB and for decisions to be made. The proposed Amendments would repeal the time limits for hearings to be scheduled and decisions to be made. These changes are not expected to result in any cost impacts, as this would align the regulations with current practices and with the legislative amendments.

Repeal of the Designated Country of Origin regime

There would be no material impact or costs as a result of the proposed repeal of the Designated Country of Origin regime. The regulatory provision related to this regime has been inoperative since 2019. Hence, this repeal will have no impact except to ensure the regulations are consistent with current IRCC policy and practices.

Costs

The proposed Amendments are estimated to cost $14,031,338 PV in 10 periods. These costs consist of administrative adjustments to existing asylum processes, operational and program guidance update activities, and IT system upgrades. These costs would be incurred by IRCC, the CBSA and the IRB.

Government transition cost

IRCC would incur transition costs in the first period following the implementation of the proposed Amendments, which are estimated at $2,101,925 PV. These costs include developing program delivery instructions, developing and conducting officer training, developing and conducting information sessions for designated representatives, coordinating changes with the IRB and CBSA, updating IT systems, and communication activities to update websites and related products.

CBSA would incur one-time transition costs estimated at $289,100 in the first period. These consist of IT updates related to the changes to the withdrawal and abandonment process, and IT updates associated with the designated representative regulatory changes.

The IRB would similarly incur transition costs associated with developing operational guidance for tribunal staff, developing and delivering member training, coordinating implementation with IRCC and the CBSA, updating IT systems, and communication activities to update websites and related products. These costs, however, are not significant and are not included as incremental monetized costs distinct from related activities associated with the implementation of the legislation.

Government ongoing cost

IRCC would incur ongoing costs estimated at $4,505,255 PV in 10 periods. These costs include updating program delivery instructions and functional guidance, monitoring new procedures (service standards, volumes, etc.), maintaining a list of designated representatives and monitoring their activities and contracts, updating web pages and communications products, IT system monitoring and maintenance, and coordinating processes with the IRB and CBSA.

CBSA would incur ongoing costs estimated at $1,286,941 PV in 10 periods. These consist of additional effort required for the triaging agents transmitting cases to the IRB for abandonment proceedings and minor costs associated with the remuneration of designated representatives as related to enforcement actions post IRB decisions.

IRB would incur ongoing costs estimated at $5,848,113 PV in 10 periods. These consist of activities for processing claims that were referred to the IRB but for which IRCC or CBSA were unable to complete all ministerial due diligence activities according to the prescribed referral timelines. These ongoing activities relate to verifying all documents for accuracy, completeness, correct tagging of documentation for data integrity, and follow-ups.

Exceptions to the new ineligibilities costs to the Government

The proposed Amendments introduce an exception from the one-year ineligibility provisions for claimants who have submitted documents and information to the Minister in view of making a claim (prior to formally making their claim in person to an officer) within one year of their first entry (after June 24, 2020). As a result of the exception, certain claims which would have been determined ineligible will now be eligible to be referred to the IRB.

The exception is expected to generate incremental costs to the Government of Canada, as it expands access to the IRB for certain claimants. However, these costs were not monetized as it is not possible to reliably estimate the number of additional claimants whose claims may be found eligible as a result of this measure. It is not expected that the volumes will be significantly large. The exception would apply narrowly to claims made by individuals who submit documents with the view to making a claim within one year of their first entry to Canada and who, due to Government of Canada administrative timelines, were unable to meet with an officer and formally make their claim within one year of their entry. This regulatory exception provides eligible claimants with access to the IRB refugee determination process, which entails higher resource requirements across multiple departments, including CBSA, the IRB, and IRCC.

Impacts to claimants

Single online application

In the baseline scenario, there is no prescribed time limit for claimants to submit a complete online application. The proposed Amendments would introduce a time limit of 60 calendar days for the submission of a complete application after a claim has been made. The introduction of a submission time limit requires asylum claimants to prepare and submit their application materials more quickly than if there were no prescribed time limit.

Claimants could request a one-time extension of 30 calendar days if they are unable to comply with the 60-day time limit. The proposed Amendments would require that claimants who wish to obtain an extension spend time submitting an extension request, resulting in time effort costs to claimants. These costs were not monetized, as the extension process is expected to be straightforward, with a single automated action (e.g. clicking a button) initiating the extension request.

Abandonment/Reinstatement of withdrawn claims

The legislative amendments introduce the authority for the Minister to process a claim withdrawal prior to referral to the IRB. The legislative amendments also introduce the authority for the Minister, subject to regulations, to reinstate a claim that was determined to be withdrawn. The Amendments prescribe the circumstances for such a reinstatement by the Minister (e.g. whether the application was submitted in a timely manner and reasons for any delay), as well as the requirement a claimant has to meet when submitting a reinstatement application (e.g. the claimant has to explain why their claim should be reinstated). Claimants who wish to have their withdrawn claim reinstated must undertake the necessary steps to prepare and submit an application for reinstatement, which would result in time effort costs to claimants seeking a reinstatement. The reinstatement application process would require claimants to provide a rationale supporting the reinstatement of the claim. Costs related to reinstatement requests were not monetized due to the uncertainty in estimating the number of withdrawn claims that would request reinstatement; however, volumes are not expected to be significant.

Benefits

Single online application

The establishment of a consistent time limit across modes of entry would help avoid claims stagnating and standardize the time limits for applicants. Any potential negative impacts of introducing a time limit for individuals to submit their complete application are mitigated by allowing the applicant to request a one-time extension of 30 calendar days, and by providing the Minister the authority to extend this time limit for reasons of fairness (for example, a system outage).

Minister’s due diligence

Completing Minister’s Due Diligence and providing the IRB with a Minister’s referral package containing all the information about the claim will allow the IRB to maximize its scheduling strategy and reduce delays due to postponements. It will also bolster program integrity by ensuring the Minister has completed Due Diligence on all claims before the IRB. This change will benefit applicants as there will be a more predictable and transparent process including more efficient hearing scheduling.

Designated representatives for persons unable to appreciate the nature of the proceedings

A designated representative is someone who represents a person during proceedings to ensure that the interests of the person (i.e. a minor or a person that cannot appreciate the nature of the proceedings) are protected. These proposed changes would formalize the existing authority to appoint designated representatives and formalize the role and responsibilities of designated representatives. This will improve consistency and continue to safeguard vulnerable applicants by ensuring that all those who require a designated representative are appointed one for all applications and proceedings outlined in the regulations. These changes ensure timely appointment of designated representatives, reducing gaps in support during proceedings.

Work permits

This change would continue to ensure that eligible claimants obtain their work permits and are able to work in Canada as soon as possible during their application process.

Exceptions to the new ineligibility provisions

The first exception gives unaccompanied minors access to the IRB, but given that unaccompanied minors are currently exempt from the ineligibility provisions by an existing Temporary Public Policy, no benefits are attributed to this exception. The second exception would benefit those who begin the claim process within one year of their entry to Canada, but who have not yet met with an officer to make their claim in person. This would ensure that those who declare their intention to make a claim by submitting documents and information to the Minister within the legislative time frame are not subject to the one-year ineligibility while awaiting their in-person meeting.

Cost-benefit statement

• Number of years: 10 years from 2026 to 2035
• Price year: 2025
• Present value base year: 2026
• Discount rate: 7%

Table: Monetized cost

Impacted stakeholder	Description of cost	Base year (2026)	Other relevant year (2030)	Final year (2035)	Total (present value)	Annualized value
Government	Costs to IRCC	$2,101,925	$691,496	$691,496	$6,607,181	$940,714
	Costs to CBSA	$289,103	$197,528	$197,528	$1,576,044	$224,393
	Costs to IRB	$778,168	$778,168	$778,168	$5,848,113	$832,640
All stakeholders	Total costs	$3,169,196	$1,667,192	$1,667,192	$14,031,338	$1,997,747

Quantified (non-monetized) and qualitative impacts

Positive impacts

• The proposed Amendments improve the efficiency, consistency and integrity of the asylum process by introducing a consistent time limit across entry modes, requiring claimants to submit a single online application.
• Allowing the Minister to complete Minister’s Due Diligence activities prior to referral to the IRB improves system efficiency by detecting claims that may have integrity or security concerns and providing the IRB with information relevant to the claim before scheduling a hearing.
• The proposed Amendments include built-in time limit extensions and ministerial discretion, continued timely access to work permits, and the formalized appointment of designated representatives. These ensure vulnerable claimants are supported and able to navigate the process effectively.
• The proposed exception to the ineligibility provision for claimants who have submitted documents and information to the Minister in view of making a claim within one year of their first entry is expected to generate benefits to claimants who would become eligible, as it expands access to the IRB refugee determination process.

Negative impacts

• The proposed Amendments would require that claimants perform additional tasks to ensure their application is complete, and that they complete and submit their application by a prescribed time limit. In the baseline scenario, there is no time limit to submit their application.
• The proposed exception to the ineligibility provision for claimants who have submitted documents and information to the Minister in view of making a claim within one year of their first entry is expected to generate incremental costs to the Government of Canada, as it expands access to the IRB for certain claimants. It is not possible to reliably estimate the number of additional claimants who would be made eligible as a result of this measure; thus, the costs to government of processing more claims via the IRB determination process was not monetized.

Small business lens

Analysis under the small business lens concluded that the proposed Amendments would not impact Canadian small businesses.

One-for-one rule

The one-for-one rule does not apply, as there is no incremental change in administrative burden on business and no regulatory titles are repealed or introduced.

Regulatory cooperation and alignment

The proposed Amendments are specific to how Canada administers the In-Canada Asylum System and, therefore, do not align with how other countries administer their asylum programs.

International obligations

Canada is a signatory to and upholds its obligations under the 1951 Convention Relating to the Status of Refugees, the 1967 Protocol Relating to the Status of Refugees, and the 1984 Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment. The proposed Amendments will not impact the Canada-U.S. Safe Third Country Agreement.

Effects on the environment

In accordance with the Cabinet Directive on Strategic Environmental and Economic Assessment (SEEA Directive), a preliminary scan concluded that a SEEA is not required.

Gender-based analysis plus

The In-Canada Asylum System provides protection to people in Canada who have a well-founded fear of persecution or are at risk of torture, risk to their life or risk of cruel and unusual treatment or punishment. This includes protection for refugee claimants fleeing gender-based violence and persecution based on sexual orientation, race, nationality, ethnicity, or religion. Refugee claimants arriving in Canada are a heterogeneous group of individuals with a wide range of intersecting identity factors, including but not limited to country of origin, ethnicity, religion, gender, age, and sexual orientation. It is important to acknowledge that the experiences and vulnerabilities of refugee claimants are not uniform. Data shows, for instance, that gender-based violence and unequal access to socio-economic opportunities disproportionately impact asylum-seeking women and girls, who must be recognized for their unique protection needs.

In recent years, the Canadian government has made significant strides in recognizing the rights of refugee claimants who identify as members of the sexual orientation, gender identity, gender expression, and sex characteristics (SOGIESC) community. The In-Canada Asylum System is supported by the Immigration and Refugee Board’s Chairperson’s Guidelines, which provide guidance on proceedings involving minors, refugee claimants fearing gender-related persecution, and proceedings involving sexual orientation, gender identity and expression and sex characteristics. Moreover, IRCC has developed specific program delivery instructions with respect to processing in-Canada claims for refugee protection of minors and other vulnerable persons.

In 2025, approximately 59% of those applying for refugee protection in Canada identified as male, 41% identified as female and less than 1% as another gender. In 2025, the refugee claimant population was generally younger than the Canadian population (14% were 0-14 years of age, 35% were 15-29 years of age, 34% were 30-44 years of age, 13% were 45-59 years of age, 3% were 60-74 years of age, and 1% were 75+). In terms of socio-economic characteristics, asylum claimants tend to be in a lower-income strata upon arrival in Canada (Statistics Canada). The top source countries of citizenship for asylum claimants in 2025 were Haiti, India, Iran, Nigeria, and Mexico. For claims finalized in 2025, 10% of claimants cited gender-based violence, 11% cited sexual orientation, 10% cited race, nationality or ethnicity, and 9% cited religion as the reason for persecution.

While persecution, conflict, violence, human rights violations, and events seriously disturbing the public order often affect a community uniformly, there are differences in the demographics that apply for refugee protection in Canada. For example, there are more males that apply for refugee protection in Canada. It is often very dangerous to leave one’s country of origin to seek refugee protection. When people flee their homes, they are often at greater risk of physical, sexual and psychological violence, such as rape, sexual abuse, trafficking and forced prostitution (United Nations High Commissioner for Refugees). Women and girls are especially at risk. Men are often perceived as being more capable of surviving the danger and are sent in advance with the hope of family reunification at a later date, despite the fact that they also face risk. For this same reason, claimants are generally younger, as they are seen as more able to endure a dangerous journey. In addition, there is an economic element, as men are often the income earners in families and are perceived as more capable of getting a job and financially supporting their family in their home country.

The proposed Amendments are expected to benefit all asylum claimants, including the most vulnerable. Whilst increasing the system’s efficiency is objectively beneficial, there are downstream impacts on vulnerable populations that require mitigating options. For example, the single online application for all claims is coupled with paper-based applications for claimants with limited access to the internet and/or poor digital literacy. Generally, people tend to choose online forms over paper-based forms for a variety of reasons, including a better user experience. However, paper-based forms will continue to be available.

In addition, the proposed exception to the new ineligibility provisions will apply to unaccompanied minors, making the exception to the new ineligibility provisions for unaccompanied minors in the Temporary Public Policy permanent. The basis for creating this exception is their lack of legal guardianship, which may affect their ability to navigate the asylum process to present their case.

However, individuals who fall outside of the scope of the exception will continue to have access to a Pre-Removal Risk Assessment, which would ensure that Canada meets its international commitment to non-refoulement.

They will also have access to immigration and refugee legal aid services in provinces and territories that provide the service, which has a direct positive effect on individuals from the following vulnerable groups: economically disadvantaged individuals; newcomers; members of ethnic, linguistic, cultural and religious minorities; 2SLGBTQI+ individuals; women; and persons with possible/probable personal histories of trauma. Pre-Removal Risk Assessment applicants can apply for a work permit and are eligible for health services through the Interim Federal Health Program.

The proposed Amendments include comprehensive, system-wide efficiencies and take into consideration the special needs of vulnerable refugee groups like women, minors, people with disabilities, and the 2SLGBTQ+ community.

Implementation, compliance and enforcement, and service standards

Implementation

The proposed regulations would come into force on the day on which section 31 of the Amending Act comes into force, but if they are registered after that day, they come into force on the day on which they are registered.

Implementation of the proposed Amendments will be led by IRCC in collaboration with CBSA and IRB. IRCC will coordinate updates to operational policies, procedural manuals, front-line guidance, and case management tools to operationalize changes to the streamlined process to submit any document or provide information with a view to making a claim (registration) and complete the single online application, the new eligibility screening criteria, Minister’s Due Diligence obligations prior to referral, and processes governing the abandonment and withdrawal applications of claims prior to referral to the IRB. Claims that have already been referred and are pending adjudication at the IRB will not be subject to the new requirements and would continue to be processed as before the proposed Amendments come into effect. Operational procedures will be established to support timely designation of representatives for new and ongoing applications. Specialized training will be delivered to front-line officers, IRB decision makers, registry staff, and CBSA officers to ensure consistent application across all points of intake and processing. Information management and IT system changes will be implemented to support the new single online application, eligibility determination, referral tracking, automated triggers and reporting, and relevant public-facing materials will be updated to support compliance and transparency. Communications products will be developed to inform stakeholders and the public of the changes, including hosting outreach sessions. Ongoing monitoring will be undertaken to assess impacts on system integrity, processing efficiency, and fairness, with results informing future policy or operational adjustments. Program reporting, and performance measurement will be undertaken through established governance mechanisms to facilitate continuous improvement and to ensure alignment with policy intent.

Contact

Jason Hollmann
Director General, Asylum Branch
IRCC.AsylumReformRegs-Reformedasileregs.IRCC@cic.gc.ca

PROPOSED REGULATORY TEXT

Notice is given that the Governor in Council proposes to make the annexed Regulations Amending the Immigration and Refugee Protection Regulations (Asylum System Reform) under subsections 5(1) and 6.1(3)^{footnote a}, sections 17 and 32^{footnote b} and subsections 102(1) and 111.1(1)^{footnote c} of the Immigration and Refugee Protection Act ^{footnote d}.

Interested persons may make representations concerning the proposed Regulations within 30 days after the date of publication of this notice. They are strongly encouraged to use the online commenting feature that is available on the Canada Gazette website but if they use email, the representations should cite the Canada Gazette, Part I, and the date of publication of this notice, and be sent to the following email address: IRCC.AsylumReformRegs-Reformedasileregs.IRCC@cic.gc.ca.

Ottawa, June 12, 2026

Janna Rinaldi
Assistant Clerk of the Privy Council

Regulations Amending the Immigration and Refugee Protection Regulations (Asylum System Reform)

Amendments

1 Section 12.1 of the Immigration and Refugee Protection Regulations ^{footnote 1} is amended by adding the following after paragraph (k):

• (k.1) an application made in accordance with paragraph 28(e);

2 Paragraph 12.2(1)(b) of the Regulations is replaced by the following:

• (b) a person who is over the age of 79, unless that person makes a claim in Canada for refugee protection or an application in accordance with paragraph 28(e);

3 The Regulations are amended by adding the following after section 13.3:

DIVISION 7

Designated Representatives

Proceedings or applications requiring designation of a representative

13.4 (1) For the purposes of subsection 6.1(1) of the Act, the Minister must designate a person to represent a person who is the subject of any of the following proceedings or applications:

• (a) a proceeding to enforce a removal order under subsection 48(2) of the Act;
• (b) an application for protection made under subsection 112(1) of the Act;
• (c) a proceeding to determine whether a person would be at risk of persecution for the reasons referred to in subsection 115(1) of the Act;
• (d) a proceeding to determine, for the purposes of subsection 115(2) of the Act, whether a person is inadmissible on the grounds referred to in paragraph 115(2)(a) or (b) of the Act.

Application

(2) Subsection (1) applies if the person who is the subject of the proceeding or application

• (a) is under 18 years of age and not accompanied by a parent or an adult who is legally responsible for them; or
• (b) has attained the age of 18 years but is unable, as determined by the Minister, to appreciate the nature of the proceeding or application.

Designated representatives — requirements

13.5 The Minister may designate a person under subsection 6.1(1) of the Act if

• (a) the person has attained the age of 18 years;
• (b) the person is able to appreciate the nature of the proceeding or application; and
• (c) the designation would not place the person in a conflict of interest.

Designated representative — responsibilities

13.6 (1) A representative designated under subsection 6.1(1) of the Act must

• (a) inform the represented person about the proceeding or application;
• (b) assist the represented person in making decisions respecting the proceeding or application, if the person is capable of making such decisions;
• (c) assist the represented person in deciding whether to retain legal counsel or another adviser, if the person is capable of making this decision, and, if applicable, assist the represented person in retaining legal counsel or another adviser;
• (d) assist the represented person in instructing legal counsel or another adviser, if applicable;
• (e) assist the represented person in gathering evidence and presenting evidence as part of the proceeding or application;
• (f) sign documents related to the proceeding or application on behalf of the represented person, if the represented person is not capable of signing such documents; and
• (g) act in the represented person’s best interests.

Retention — legal counsel or another adviser

(2) If the representative determines that the represented person is not capable of retaining and instructing legal counsel or another adviser, the representative may retain and instruct legal counsel or another adviser on behalf of the represented person.

Decisions on behalf of represented person

(3) If the representative determines that the represented person is not capable of making decisions respecting the proceeding or application, the representative may make decisions respecting the proceeding or application in consultation with the represented person’s legal counsel or another adviser, if applicable, and with the represented person to the extent possible.

List

13.7 (1) The Minister may establish a list of persons who the Minister may designate as a representative if there is no suitable person available.

Remuneration

(2) If the Minister designates a person on the list, the Minister must remunerate the person in accordance with the Remuneration Schedule for Designated Representatives, published by the Minister, as amended from time to time.

End of designation — paragraph 13.4(2)(a)

13.8 (1) A designation made under subsection 6.1(1) of the Act in respect of a person referred to in paragraph 13.4(2)(a) ends when the person attains the age of 18 years, unless the Minister determines that the person is unable to appreciate the nature of the proceeding or application, or when the person is accompanied by a parent or an adult who is legally responsible for them.

End of proceedings or applications

(2) A designation made under subsection 6.1(1) of the Act continues until the represented person is no longer the subject of any proceeding or application referred to in one of paragraphs 13.4(1)(a) to (d) of these Regulations.

Revocation of designation by Minister

13.9 The Minister may revoke a designation made under subsection 6.1(1) of the Act if the Minister determines that

• (a) the represented person is able to appreciate the nature of the proceeding or application;
• (b) the designated representative is not acting in the represented person’s best interests; or
• (c) the designated representative is otherwise unsuitable to represent the represented person.

4 Section 28 of the Regulations is amended by striking out “or” at the end of paragraph (c), by adding “or” at the end of paragraph (d) and by adding the following after paragraph (d):

• (e) before making a claim for refugee protection, submitting any document or providing information to the Minister with a view to making a claim inside Canada.

5 The portion of subsection 37(2) of the Regulations before paragraph (b) is replaced by the following:

End of examination — claim for refugee protection

(2) The examination of a person who makes a claim for refugee protection inside Canada ends when the later of the following occurs:

• (a) an officer or the Minister determines that their claim is ineligible under section 101 of the Act, the Minister determines that their claim is withdrawn under subsection 102.2(1) of the Act or the Refugee Protection Division accepts or rejects their claim under section 107 of the Act; and

6 Section 159 of the Regulations is replaced by the following:

Time limit — further consideration by Minister

159 (1) For the purposes of subsection 100(1) of the Act, the Minister must further consider the claim within 365 days after the day on which the Minister receives the documents and information specified by the Minister and required by the rules of the Board under subsection 100(4) of the Act.

Operational limitations

(2) If the Minister cannot consider the claim within the time limit set out in subsection (1) because of operational limitations, the Minister must consider the claim as soon as is feasible.

Non-application — submitting documents or providing information

159.001 (1) Paragraph 101(1)(b.1) of the Act does not apply to a claimant who submits any document or provides information with a view to making a claim inside Canada in accordance with subsection 100(4) of the Act within one year after the day of their entry.

Multiple entries

(2) For the purposes of subsection (1), if the claimant has entered Canada more than once after June 24, 2020, the one-year period referred to in that subsection begins on the day after the day of their first entry.

Non-application — minors

159.002 Paragraphs 101(1)(b.1) and (b.2) of the Act do not apply to a claimant who, at the time of making the claim, is under 18 years of age and does not have a parent, or an adult who is legally responsible for them, in Canada.

7 Subsection 159.4(1.1) of the Regulations is replaced by the following:

Exception — land border other than ports of entry

(1.1) Unless a claimant establishes that any of paragraphs 159.5(a) to (h) applies to the claimant, paragraph 101(1)(e) of the Act applies to the claimant if they enter Canada at a location along the Canada–United States land border — including the waters along or across that border — that is not a port of entry and, less than 14 days after the day on which they enter Canada,

• (a) make a claim for refugee protection; or
• (b) before making a claim, submit any document or provide information with a view to making a claim inside Canada.

8 (1) The portion of paragraph 159.5(c) of the Regulations before subparagraph (i) is replaced by the following:

• (c) a family member of the claimant who has attained the age of 18 years is in Canada and has made a claim for refugee protection that has been determined to be eligible to be referred to the Board for determination, unless

(2) Subparagraph 159.5(d)(i) of the Regulations is replaced by the following:

• (i) a work permit that was issued under paragraph 206(c) or that has become invalid as a result of the application of section 209, or

9 The Regulations are amended by adding the following after section 159.7:

Reinstatement of claim — application

159.71 (1) An application made under subsection 102.2(2) of the Act for reinstatement of a claim for refugee protection must explain why the claim should be reinstated.

Reinstatement of claim by Minister

(2) For the purposes of subsection 102.2(2) of the Act, the Minister may reinstate a claim that the Minister has determined to be withdrawn if the Minister determines that circumstances justifying the reinstatement exist, including whether the application for reinstatement was made in a timely manner and the reasons for any delay.

10 Sections 159.8 to 159.9 of the Regulations are replaced by the following:

Time limit

159.8 (1) Subject to subsection (2), a person referred to in subsection 100(4) of the Act must provide the Minister, in the manner specified by the Minister, with the documents and information specified by the Minister and required by the rules of the Board under that subsection within 60 calendar days after the day on which an officer determines that the person’s claim is eligible to be referred to the Refugee Protection Division under subsection 100(1) of the Act.

Extension — 30 days

(2) If the person requests, in the manner specified by the Minister, that the Minister extend the period of time to provide the documents and information before the end of the period, the Minister must extend the period by 30 calendar days on a one-time basis.

Extension — fairness and natural justice

(3) The Minister may, on their own initiative, extend or pause the period for providing the documents and information for reasons of fairness and natural justice.

Claim Determined Not Abandoned

Time limit — subsection 102.1(4) of the Act

159.9 For the purposes of subsection 102.1(4) of the Act, the person described in that subsection must, as applicable,

• (a) provide the necessary documents or information by the date specified by the Refugee Protection Division; and
• (b) appear for examination on the date specified by an officer.

11 Section 159.92 of the Regulations is repealed.

12 (1) Section 206 of the Regulations is replaced by the following:

No other means of support

206 A work permit may be issued under section 200 to a foreign national in Canada who cannot support themself without working, if the foreign national

• (a) has
  • (i) made a claim for refugee protection that has been determined to be eligible to be referred to the Refugee Protection Division but has not been referred; and
  • (ii) provided the Minister, in the manner specified by the Minister, with the documents and information specified by the Minister and required by the rules of the Board under subsection 100(4) of the Act;
• (b) has made a claim for refugee protection that has been referred to the Refugee Protection Division but has not been determined; or
• (c) is subject to an unenforceable removal order.

Coming into Force

13 These Regulations come into force on the first day on which section 31, subsections 43(1), (4) and (5), section 45 and subsections 51(1) to (3) of the Strengthening Canada’s Immigration System and Borders Act, chapter 4 of the Statutes of Canada, 2026, are all in force, but if they are registered after that day, they come into force on the day on which they are registered.

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